USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 40
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280
HISTORY OF JACKSON COUNTY
The state's attorneys sat in the southwest corner of the building. Mrs. Keil and her sons, Henry J. and Fred, and a friend, Mrs. Nick. Bleachen, sat with the state's attorneys. The attorneys for the defense were in the center of the courtroom, in front of the judge's desk.
After the jury was sworn, State's Attorney Wynkoop stated the case. Mr. Wynkoop is a personal friend of the defendant's family, and also of the Keil family, and his labor is under very difficult circumstances, as he is prosecuting a young man whom, when an innocent child, he had trotted on his knee, and whom he had seen grow to manhood in a respectable family and in a Chris- tian home. In the opening argument, Mr. Wynkoop stated that the crime for which the prisoner was being prosecuted and was charged with was committed on the afternoon of July, 1896, when Mina Keil, a young woman of seventeen, was foully murdered in her mother's pasture, not far from the home of the Ecker- lebe family and from her own. The indictment was read, charging Chris Eckerlebe with the crime of murder in the first degree, on the above date. Court then adjourned until 9 o'clock Tuesday morning.
Tuesday .- At nine this morning the Eckerlebe case was again taken up at the court house. The crowd was as large as could be admitted. D. T. Bau- man, attorney for defense, opened the case, but was not feeling well and had to leave his address unfinished. A. P. Gibbs succeeded him.
Mr. Gibbs stated that the defense would not dispute the facts regarding the sad death of the young lady. Neither would they dispute the fact that she was the victim of a most fiendish crime, but they did dispute the alleged con- fession and would prove that from 10 o'clock in the morning of July 4, until six in the evening of the same day, the defendant, Chris Eckerlebe, was in Bellevue, six miles from the scene of the crime. They would also show that Eckerlebe was at the home of Mina Keil the next day, July 5th. That he helped to find the body and brought the remains to the Keil home. That after the finding of the body and before the burial Eckerlebe worked about the Keil home and did all that was possible to help comfort. The defense would then ask the jury if such actions were those of a sane person or of a person suffer- ing from a temporary fit of insanity. The defense did not ask for mercy and Eckerlebe had plead not guilty. What was wanted was justice.
At 9:20, Mrs. Keil, mother of the murdered girl, was put on the stand. She testified that she had known Eckerlebe for a number of years, the Ecker- lebe farm joining their farm at the west, with a lane between. The ground was partially hilly and light timber was at one end of the pasture. The Eckerlebe house was about twenty rods from their house. On the morning of July 4, 1896, about 6 o'clock, she saw Chris Eckerlebe coming toward their house. She did not notice whether or not Eckerlebe went to the house, but when she returned he was not there. At the house were her son's wife, Rosa Keil, Mina, Fred and herself. Fred was sick and went to bed soon. Her son Chris had gone to Bellevue on his bicycle. The cows were kept in the pasture leading from the lane. Mina always tended to driving the cows, but sometimes the boys did it. Mina was eighteen years and fifteen days old at the time of her death. She started for Mr. Guinther's house at 1:30 o'clock, July 4th, to attend an ice cream social. From there she intended going to a dance at Peter Hoff's place, and took her party dress and what things she needed, with her, in a market basket.
Mr. Guinther lived south of witness' places. Whenever walking over to the other place, witness' family always took the Lane road. Witness did not notice which road Mina took, but supposed she took the Lane road. Did not see her after she left the house. Next time she saw her they would not let her see her face. It was covered in the coffin. She took hold of her cold hands as she lay in the coffin. . They would not let her see her. (While the witness was giving that part of the testimony she cried bitterly and wrung her hands.) Her body was brought home about 1:30, July 5th. When she left the day be-
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fore she was in perfect health, but when they brought her home she was dead. Her body was buried in the Bellevue cemetery. The girl attended a dance at George Hemmerd's, witness' son-in-law's home, last winter. Mina gave a party at her home, June 20, 1896. Eckerlebe was not there at the house. There was somebody outside the house. Witness did not know who it was, but it was said it was Chris Eckerlebe.
On cross examination she said her son Chris came home from Bellevue in time to do the chores, and Fred was sick in the house all day. The next day, July 5th, she said she went to see her daughter, Mrs. George Hemmerd, where she was spending the day. About noon her son, Henry, came to the house. He looked frightened and said Mina was lost. That she was not at the ice cream social or the dance, and that they could not find her. Then they hitched up and drove home fast as they could. Witness started out toward the lane to find Mina, and afterwards came home. The boys told her Mina had been killed. Mrs. Keil was positive of the time Mina left the house and her testimony was not shaken.
At 10:30 Henry J. Keil, brother of the girl was put on the stand. He said that he and his sister, Emma, were at Guinther's the 4th, and later in the eve- ning with a lot of others, went to Hoff's where they had the party, and came home at 5 a. m., July 5th. He did not see Mina at the party, and wondered what was the reason she did not come. 'He went to his mother's house and was helping the boys repair a binder. He asked what was the matter with Mina and why she was not at the party. He was told by his brother Fred that Mina had started there. He then went to his brother-in-law's Mr. Hemmerd. His mother was there, and she was surprised to learn Mina had not been to the parties. Witness then came home, and started to find Mina. Chris Eckerlebe was at the Keil place then ; he did not go with the searchers, but stayed at the house. His two brothers, Fred and Willie Eckerlebe, went with them. They discerned footprints leading south of the lane, through the pasture toward Guinther's. Fred Eckerlebe saw Mina's body first. It was lying seven feet from the fence. Witness could not look at her very closely, but saw blood all over her face and her head crushed in. She lay on her side with her head resting on her right arm, and the left arm over her head. Her clothes were saturated with blood, and her red skirt was torn and lay at her feet. Her hair was tangled and the grass looked as though a scuffle had taken place. Bloody pools were all over the ground. A piece of white muslin from her skirts lay a few feet from her body. Witness then went back to Hemmerd's and told the folks. When he returned to the place, Chris Eckerlebe was there with a buggy, and they brought her home. The cross examination following was a very severe one, and the witness was still on the stand in the afternoon.
Afternoon. The cross examination of Henry Keil, brother of the murdered girl, was renewed as soon as court convened this afternoon. After a severe and close questioning on the part of the defense to break down his evidence they gave it up. He was then put on the stand for redirect evidence and said that Mina was at a dance at her sister's, Mrs. Hemmerd, and Chris Eckerlebe was there. and while Mina was dancing, Eckerlebe struck her on the arm. When asked by witness why he struck here, Eckerlebe said he was mad because she refused to dance with him. At another time Mina gave a dance at her home and Eckerlebe came there but was not to witness' knowledge, invited, and that he stayed outside around the gate.
Jacob Gaharlocht was the next witness. He is a farmer living near the Keil homestead. He said he was home the 4th of July, but about I:30 Sunday afternoon, July 5th, he went to the Keil home, as he had heard that Mina was dead. Arriving at the house he started with others to look for the girl. That on the road to the lane, he was met by Chris and Fred Eckerlebe who told him they had found Mina's body and that she had been killed by a beast. He then went to the place where the girl lay and saw her
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HISTORY OF JACKSON COUNTY
face covered with blood that had dried and that her skirt had been torn off and lay over her feet. That there was blood spots all over the ground and the grass was trampled down. He afterwards helped put the body in a sheet to take it to the house. In cross examination the witness again related the above story, and said Chris Eckerlebe drove the team which was hauling the body home. He did not help to carry it as he had to hold the horses.
Joseph Schlect was the next witness. He also is a near neighbor of the Keils and Eckerlebes and was with the party that found the girl's body be- tween I and 2 o'clock July 5th. He then described the way the body looked, and the surroundings, which in substance was the same as the story of Gahar- locht. Chris Eckerlebe told him that it looked as though she had been killed by a bull. Louis Eckerlebe, brother of defendant, was put on the stand. The defendant's attorney objected, as he had not been before the grand jury. The objection was overruled, as the witness was before the magistrate, Justice Campbell at the preliminary hearing. Witness said his father and mother were at Maquoketa the 4th and he and his brother Willie were left at home. Witness did not know when Chris got up, but said Chris was up, and had gone to Bellevue. He came back about 10 in the morning and ate some breakfast. He then left the house and said he was going to Bellevue. He went north on the road to Bellevue. Witness said he had never seen Chris with a revolver and denied ever saying he had seen one, although the evidence in the preliminary hearing was before him in writing. He said he could not read it and never said it.
Willie Eckerlebe, a younger brother of defendant, was put on the stand. He said he got up about the time the sun was rising July 4th. Chris had gone to Bellevue, but witness did not know what time he had come back, as witness was fooling with the clock, but he thought it was about four hours before noon. Chris went away again after eating a little breakfast. He told witness he was going to town to take the dance in and went toward town. Witness saw something sticking out of his hip pocket that looked like a revolver. Chris never told where he got it. Witness did not know it was self-cocking, he did not know whether it was a day, a week, or a month before the death of Mina Keil that he saw the revolver in Chris' pocket. On cross examination witness said that he was fooling with the clock. It was an alarm clock and he played with it to hear the bell ring. Henry and Fritz went to Bellevue.
Arnold Webber was the next witness. He was a clerk in the hardware store of Kunz & Fay, and in the fore part of June sold the defendant a box of thirty- two center fire Smith & Wesson cartridges. On cross examination he said he had known the defendant for some time. Was not personally acquainted with him. He remembered selling him cartridges. As there were five cents due on them, a slip was put in the cash drawer.
Moses Bean was the next witness. He was city marshal of Bellevue and knew Arnold Webber. Saw him sell defendant a box of cartridges. The de- fendant called for thirty-two caliber, center fire.
Henry Rickert is a farmer living near the Eckerlebes. He saw Chris follow Mina and Emma Keil one day before July. The girls were going toward their home. Eckerlebe walked slowly when witness passed him, then went faster. Witness did not talk to Eckerlebe as they passed. Cross examination showed Chris was dressed up and had a black suit on. Frank Mitchell is sheriff of Jackson county and arrested Eckerlebe and placed him in jail in charge of Jailer J. G. Tubbs. A prisoner was in jail named Jones Patrick Murphy and he was in the cell with Eckerlebe. Witness went to the scene of murder July IIth, with others, and searched the place. He found blood marks on the grass. Then went to Eckerlebe's house and talked with Willie and Louis Eckerlebe. Witness went back to Maquoketa and took defendant into his room at the hotel, where defendant was questioned as to where he was July 4th. On cross
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examination witness said he took Eckerlebe there to see what he knew about the crime. Court adjourned until 9 in the morning.
Wednesday .- This morning the defense objected to the testimony of Sher- iff Mitchell and Jailer Tubbs, so the two were examined in the absence of the jury. Mitchell was put on the stand and questioned about the arrest of Ecker- lebe. In brief he said that after Eckerlebe was arrested they took him to sheriff's room in the hotel and questioned him as to where he was July 4, 1896. He said he went to Keil's house about 6 a. m. and inquired for Chris Keil. He was told that Chris had gone to Bellevue. He then went to Bellevue ar- riving there about 10 o'clock. When questioned why he was so long on the road, he said that there were two wash outs, the county bridge and the rail- road bridge, and he stopped to look at them. When asked how the blood spots came on his coat, he said that he did not know there were spots on his coat, and if there were, it was from handling the body as he helped load it in the wagon. He denied having known anything about the murder, and said he knew nothing against Mina Keil. Jailer J. G. Tubbs was put on the stand then and told the same story as related above, as he was in the room at the time the defendant said what he did.
The attorney for the defendant objected to the testimony, as it was not voluntarily given by the defendant, and it was relating to an alleged confes- sion made by defendant while under arrest and being questioned by officers. That the statements were made through fear and that the defendant was un- able to prove that such statements were made through fear. Judge Wolfe over- ruled the motion and allowed the witnesses to be examined before the jury. The jury was then called in and Mitchell told the same story as related above. Mitchell said that on twice searching the place they found nothing, but upon advice received from Jones P. Murphy, the tramp in the jail with Eckerlebe, witness, with others, went to the scene of the murder, and found a revolver with cylinder out. The revolver was produced in evidence. (The revolver is a thirty-two caliber S. & W., the handle is bent down, and there are blood stains upon it.) The revolver was found under a brush pile, about ninety paces northwest from where the body was discovered. The next day the witness, with others, searched the spot where the murder occurred and found the cylinder of the revolver. There were three cartridges in it, one of which had been discharged. This was then offered as evidence. The cylinder was found in the same brush pile the revolver was. After receiving further information witness was directed to look for a club that was in a brush pile. It was found a little nearer the scene of murder. The club was then introduced as evidence. After finding the revolver, witness went to the home of Chris Eckerlebe, and searched the place, and in a granary found a pair of pants, which witness had seen Chris wear, and in the pockets were seven cartridge shells which had been exploded. They were thirty-two caliber S. & W. The shells were offered as evidence. During the investigation witness learned that poison had been placed on Keil's Lane gate. He went there and saw something on the gate and cut a piece off. He had also been told to look in a southwest corner of a corn crib on the Eckerlebe farm; he would find some rough on rats. It was done. The poison was here offered as evidence. (The piece of gate was not offered as evidence as it was in Maquoketa, but will be brought here.) Mr. Tubbs told the witness where to find the articles. He had been told by Murphy, who claims Eckerlebe confessed to him. Witness was present at the autopsy. He saw a bullet removed from the body of the murdered girl, and he thought it to be a thirty-two caliber. Cross examination divulged the fact Eckerlebe was arrested July 8th, when he was in his father's field working. Witness could not swear positively that the pants in which the shells were found were those of Chris Eckerlebe's. On redirect examination witness said there was no threats or inducements made to the defendant to get him to answer the question.
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Christ Gause was the next witness. He was the sexton at the cemetery and buried the body of Mina Keil. He had known the murdered girl before she died, and was positive the body he buried was that of Mina Keil. He also dis- interred the body and identified it as that of Mina Keil.
Dr. J. C. Dennison, of Bellevue, said that he had known the dead girl for sev- eral years. That he assisted in holding the inquest on the body, July 5th at 8 p. m. at the home of her mother. That her shirtwaist and clothing were covered with blood. They made no dissection of the head or neck at the time. There were three openings in the skin on the neck, and some fifteen cuts, bruises and penetrations of scalp. On the left temple a little above the ear was a deep indentation, under which skull was fractured. Behind each ear were cuts one and one half inches long which did not penetrate the skull. The trunk of the body was not bruised, ex- cept a few dark spots on the abdomen, probably caused by mortification. Wit- ness was called July 15th to assist in the autopsy of the body. Court adjourned until 2 o'clock p. m.
Dr. J. C. Dennison, who was on the stand before dinner, resumed the stand and told what he discovered at the autopsy. After careful examination of the scalp wounds and wounds in the neck, the scalp was removed and the scalp examined. Over the left ear was a large deep fracture, and from this pieces of skull were driven into the brain. The fracture extended from right ear to within three inches of the left ear, where it joined the large deep fracture. Another fracture ex- tended from the deep fracture by the left ear to the base of the brain, making the skull very loose, and it could be raised up somewhat. The scalp wounds were from one to four inches long. The wounds in the neck were three. On probing them the witness found that something had entered the neck near the front of the brain and extended upward, downward and diagonally toward the brain. The wounds were then opened and witness found a bullet lodged near the base of the brain, a thirty-two short. To the best of the knowledge of the witness the wounds on the head were inflicted with a blunt instrument. On the hands and wrists were flesh wounds of minor importance.
Dr. Miller, coroner of Jackson county, was the next witness. He said he was called to hold an autopsy on the body of Mina Keil, July 15, 1896. That he was assisted by Drs. Dennison, Loose, and Fowler. The body was badly decomposed and the flesh was slippery and hard to handle. Witness told of the finding of the scalp wounds and of the fracture of the skull. The membrane of the brain was not broken where the deep fracture was, only where the pieces of skull penetrated the brain and from these breaks the brains protruded. The fractures in the skull by actual measurements were thirteen and one half. The skull of the murdered girl was then shown to the jury and introduced as evidence. The witness de- scribed the wounds in the neck and the work of probing and cutting, and the find- ing of a bullet at the base of brain. The bullet was offered as evidence. Owing to the decomposed condition of the body no other examinations of the body was made, further than on the shoulders. There were flesh wounds on her hands and arms. Defense admitted the testimony of Drs. C. A. Fowler and Loose would be the same as Drs. Dennison and Miller.
John G. Tubbs, jailer of the county jail, next was called. Witness said he was present at a conversation held between attorney Wynkoop and Eckerlebe, when Eckerlebe told of going to Keil's home July 4th, and asked for Chris, then going on to Bellevue and arriving there between nine and ten in the morning. That defendant said he was so long on the road, because there were washouts at the railroad and county bridges and he stopped to look at them. The defendant denied the blood on his coat to be that of the murdered girl and said if it was, he got it in handling the body. The jury was then excused at request of the defense and the witness went on to state that at another conversation he heard defendant tell contradicting stories regarding his arriving in Bellevue, saying it was 4 p. m. July 4th.
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Dr. J. C. Dennison was recalled and said that when he examined the body on the evening of July 5th, he did not know that she had been shot. In his opinion the girl had been dead thirty hours when he saw her July 5th at 8 p. m. On cross ex- amination the doctor was asked how long the examination was held July 5th, and witness said from 8 to 10 p. m. Witness said they did not look for bullet noles then as from the larger wounds they came to the conclusion she had been beaten to death.
John G. Tubbs was recalled and the defendant's attorneys objected to his tes- timony on the grounds that it was leading to an alleged confession while being questioned by officers, that it was through fear that defendant answered ques- tions. This objection was overruled. Tubbs repeated his first story relating to time of his leaving home and arriving at Bellevue. Defendant said he was positive it was between 9 and 10 o'clock, July 4th he arrived in Bellevue, as he looked at his watch. At another time, during the same conversation, defendant said it was 4. p. m. July 4th when he arrived in Bellevue. Witness said he was given five or six messages by a prisoner in the cage with Eckerlebe, who was named Murphy, for the sheriff ; that he delivered the message as directed by Murphy. On cross examination the defense tried to rattle Tubbs but he told the same story.
J. C. Campbell, the justice of the peace before whom the preliminary hearing was held, was the next witness. He identified the revolver, poison, and clubs as the same as were shown him at the trial. He also said the testimony there was taken in writing and that Willie and Louis Eckerlebe were before him at the trial.
An attempt was made by the state to impeach the testimony of the two Eck- erlebe boys, as they had said at the preliminary examination that they saw Chris with a revolver and saw him at home July 4th, between 9 and 10 in the morning. Now they denied ever having said it. The defense objected to the state impeach- ing their own witness. That objection was sustained by the court. The state then offered as testimony the copy of the preliminary hearings. This was objected to as incompetent testimony, as the state had the witnesses in person. The objection was sustained and the evidence was not allowed to be used.
Witness said that he talked with the defendant as to his whereabouts on the 4th of July, and the defendant answered all questions asked him freely; that no inducements were offered him and no threats were used to get him to talk. De- fendant said he was positive he arrived in Bellevue between 9 and 10 a. m. July 4th, as he looked at his watch. Again he said he arrived in town as the excursion boat whistled and landed there. Defendant said he ate his dinner at the rear of a grocery store. That he bought some crackers and cheese. When asked why he had his coat buttoned in the afternoon he said his shirt was dirty, as he had laid down in a barn and gone to sleep. Defendant said he was sick, for he had drunk some beer with a friend named Roberts and afterwards drank two bottles of beer with another friend. Defendant said to witness that his watch was out of the way about an hour. Witness said he delivered defendant's coat, vest and shirt to Dr. Menges of Dubuque for examination. The witness was not cross examined by the defense.
William Hennegar was the next witness. He is deputy sheriff of Jackson county and runs a livery stable at Bellevue. He was present when Jailer Tubbs gave Sheriff Mitchell's messages from Murphy, and saw the messages. From the in- formation they received in the notes from Murphy they went to the scene of the murder and found a revolver and by these messages from Murphy they found the cylinder of the revolver, club and rat poison at the Eckerlebe farm. Witness had known Mina Keil for several years and attended her funeral. On cross examina- tion witness said he assisted in the arrest of Eckerlebe and also assisted in the search of the premises of Eckerlebe's father, saw the empty cartridges taken from a pair of pants which Louis and Willie Eckerlebe said were Chris', but he would not positively swear the pants were Chris'.
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